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HomeMy WebLinkAbout2004_03_17 Town Board Minutes MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF MAMARONECK HELD ON MARCH 17, 2004 AT 8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK PRESENT: Supervisor Valerie M. O'Keeffe Councilwoman Phyllis Wittner Councilwoman Judith A. Myers Councilman Ernest C. Odierna Councilwoman Nancy Seligson ALSO PRESENT: Patricia A. DiCioccio, Town Clerk Stephen V. Altieri, Town Administrator William Maker, Jr., Town Attorney CALL TO ORDER The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at 8:35 PM. She then pointed out the location of exits. BOARD OF FIRE COMMISSIONERS The meeting was called to order by Commissioner O'Keeffe at 8:35 PM. Then on motion of Commissioner Myers, seconded by Seligson, the Board of Fire Commissioner was unanimously declared open. Present were the following members of the Commission: Commissioner: Valerie M. O'Keeffe Commissioner: Phyllis Wittner Commissioner: Judith A. Myers Commissioner: Ernest C. Odierna Commissioner: Nancy Seligson 2. Fire Claims Commissioner Odierna presented fire claims for authorization of payment, thereafter on Commissioner Odierna's motion, seconded by Commissioner Wittner, it was RESOLVED, that this Commission hereby authorizes payment of the following Fire Department claims as approved by the Fire Chief and audited by the Comptroller's Office as amended: 1 March 17, 2004 AAA Emergency Supply Co. $338.98 AAA Emergency Supply Co. 125.90 AAA Emergency Supply Co. 37.00 AAA Emergency Supply Co. 210.00 Brewer 109.90 Chiappetta Welding 590.00 Community Fire Equipment 926.90 Con Edison 1,391.55 Coyne Textiles 59.60 Excelsior Garage & Machine Works, Inc. 137.00 Excelsior Garage & Machine Works, Inc. 438.91 Motorola 78.70 R&L Consulting 196.92 Sound Shore Chiefs 200.00 Verizon Wireless 12.86 Westchester Elevator 170.00 TOTAL $5,023.52 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Other Fire Department Business A letter was received from Joseph Russo, Fire Council Secretary on Officer Qualification SOP (Standard Operating Procedure). It reads as follows: Fire Council at its regular meeting on March 1, 2004 approved the attached Officer Qualification SOP. All members should get familiar with the requirements and proceed with taking the needed classes if you would like to achieve or maintain your officer status. The standing committee will be meeting quarterly to review these requirements and members status. Please provide any input to them through myself or the chief. 2 March 17, 2004 Fran — Paste or type in the Qualifications table (a) 3 March 17, 2004 There being no further business to come before the Commission, on motion of Commissioner Wittner, seconded by Commissioner Seligson, the Commission unanimously adjourned at 8:45 PM. PUBLIC HEARINGS -Variance Criteria Law - Boston Post Road Moratorium Extension - Boston Post Road Zoning - To Be Adjourned - Exemption - Boston Post Road Moratorium (Application Withdrawn). -Amendment - Removal of Violations Law. Public Hearing —Variance Criteria Law The following notice of Public Hearing was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 17, 2004, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Repeal of the Criteria for Granting Variances." The Town Attorney explained this law would bring the Town Code into line with rulings made by the Courts in Cohen vs. the Board of Appeals, which made apparent the Town's Law would not hold up, so this would bring us into compliance. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the public hearing was unanimously declared open. The Supervisor asked if anyone wished to speak for or against the proposed amendment. There was no response. Councilwoman Myers thanked Mr. Marker for finding and fixing this law. On her motion, seconded by Councilwoman Seligson, the hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, the following resolution was unanimously adopted: Resolved, that the Town Board finds that the adoption of the proposed local law regarding Design Requirements in the Site Plan Law is hereby declared to be a Type II action, which will constitute an Unlisted Action with No Impact under the New York State Environmental Quality Review Act (SEQRA). 4 March 17, 2004 On motion of Councilman Odierna, seconded by Councilwoman Seligson, the following local law was adopted: Local Law No. 5-2004 This local law shall be known as the "Repeal of the Existing Criteria for Granting Variances" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: In In re Cohen v. Bd. of Appeals, 100 NY 2d 395 (2003), the Court of Appeals affirmed the lower courts which had invalidated a village's local law that created criteria for granting variances that differed from the grounds enumerated by the State Legislature in the Village Law. There is no meaningful difference between the Town Law and the Village Law on the criteria for granting variances. Like the zoning code at issue in Cohen, the criteria for granting variances currently contained in the Mamaroneck Code differ from the criteria contained in Town Law §267 - b. Accordingly, if challenged in court, the Mamaroneck law would fall. The purpose of this local law is to bring the Mamaroneck Code into line with the ruling in Cohen. Section 2 -Amendment of a current section of the Mamaroneck Code: Section 240-89 of the Code of the Town of Mamaroneck hereby is amended to delete paragraph B. (2) thereof and to substitute the following in its place: (2) (a) "Use Variance" shall have the same meaning as it has in Town Law §267 1. (a). (b) Upon an appeal from a decision or determination of the Director of Building Code Enforcement and Land Use Administration regarding the application of this chapter, the Board of Appeals may grant a use variance upon a showing by the applicant for such variance that the applicable zoning regulations and restrictions have caused unnecessary hardship. In determining whether the applicant has shown unnecessary hardship, the Board of Appeals shall apply the criteria therefor set forth in section 267-b 2.(b) of the Town Law. (c) When granting use variances, the Board of Appeals shall grant the minimum variances that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 3. (a) "Area Variance" shall have the same meaning as it has in Town Law §267 1. (b). (b) Upon an appeal from a decision or determination of the Director of Building Code Enforcement and Land Use Administration regarding the application of this chapter, the Board of Appeals may grant an area variance to an applicant from the applicable zoning regulations and restrictions. In determining whether the applicant is entitled to an area variance, the Board of Appeals shall apply the criteria therefor set forth in section 267-b 3(b) of the Town Law. 5 March 17, 2004 (c) When granting area variances, the Board of Appeals shall grant the minimum variances that it shall deem necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Section 3 -Amendment of a current section of the Mamaroneck Code: Section 240-89 of the Code of the Town of Mamaroneck hereby is amended to delete paragraph C. thereof in its entirety and to substitute the following in its place: C. Imposition of Conditions When granting either a use variance or an area variance or both, the Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variances may have on the neighborhood or community. Section 4 -Adoption of a new section of the Mamaroneck Code: Section 240-89 of the Code of the Town of Mamaroneck hereby is amended to add a new paragraph D. which reads as follows: D. The Director of Building Code Enforcement and Land Use Administration shall maintain copies of sections 267 1. (a), 267 1. (b), 267-b 2. and 267-b 3. of the Town Law and shall distribute them upon request to persons wishing to apply for a variance. Section 5 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 6 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Public Hearing — Boston Post Road Moratorium Extension The following notice of Public Hearing was entered into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 17, 2004, at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "Third Extension of the Moratorium on Development Along a Section of the 6 March 17, 2004 Boston Post Road" Law. The purpose of this local law is to extend the moratorium on the development along the Boston Post Road to May 31, 2004. On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the hearing was unanimously declared open. Supervisor O'Keeffe asked if anyone wanted to speak in favor of or against the extension of the moratorium. No one responded. Councilwoman Wittner said since we are still working on the zoning study it would be helpful to give the Town more time. On motion of Councilwoman Wittner, seconded by Councilman Odierna, the hearing was closed. Then on motion of Councilwoman Wittner, seconded by Councilwoman Myers, the below resolution was unanimously adopted: Resolved, that the Town Board finds that the adoption of the proposed local law regarding Design Requirements in the Site Plan Law is hereby declared to be a Type II action, which will constitute an Unlisted Action with No Impact under the New York State Environmental Quality Review Act (SEQRA). On motion of Councilwoman Myers, seconded by Councilwoman Seligson, the following local law was adopted: Local Law No. 4-2004 This local law shall be known as the "Third Extension of the Moratorium on Development along a section of the Boston Post Road" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: At its January 7, 2004 meeting, the Town Board (i) declared itself the Lead Agency under the State Environmental Quality Review Act for the review of legislation designed to change the zoning of properties located along (or in the vicinity of) the Boston Post Road and (ii) referred that legislation to the Planning Board for a report as required by the Mamaroneck Code. It is anticipated that public hearings on the proposed law will begin in early March of 2004. While it is possible that the hearings can be concluded, SEQRA findings made and the amendment voted upon prior to March 31, 2004 ---the current date for the expiration of the moratorium on development of property along the Boston Post Road --- suggestions made by the public or by the owners of affected properties may result in changes to the proposed law. Accordingly, the Town Board considers it appropriate to extend the moratorium for a short period of time so that it can evaluate (and possibly incorporate) the public's comments to the proposed changes in zoning. Section 2 -Amendment: Section 240-83 C (2) of the Code of the Town of Mamaroneck hereby is amended by deleting the words "March 31, 2004" therein and substituting the words "May 31, 2004" in their place. 7 March 17, 2004 Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye Public Hearing — Boston Post Road Zoning The Board withdrew this hearing. Public Hearing — Exemption from the Boston Post Road Moratorium. The Applicant withdrew his application Public Hearing — Removal of Violations Law The following notice was placed into the record: PLEASE TAKE NOTICE, that a Public Hearing will be held by the Town Board of the Town of Mamaroneck on Wednesday, March 17, 2004 at 8:15 PM or as soon thereafter as is possible, in the Court Room of the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider adoption of a local law entitled "First Amendment of the Removal of Violations" Law. On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, the hearing was unanimously declared open. The Supervisor asked if there were any comments either for or against this law. There was no response. Councilwoman Seligson thanked the Town Attorney for recognizing this law needed to be amended. On motion of Councilman Odierna, seconded by Councilwoman Wittner, the hearing was unanimously closed. On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the resolution bellows was unanimously adopted: 8 March 17, 2004 Resolved, that the Town Board finds that the adoption of the proposed local law regarding Design Requirements in the Site Plan Law is hereby declared to be a Type II action, which will constitute an Unlisted Action with No Impact under the New York State Environmental Quality Review Act (SEQRA). Local Law No. 3-2004 This local law shall be known as the "First Amendment of the Removal of Violations" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: On November 5, 2003, the Town Board enacted Local Law No. 21- 2003 entitled the "Removal of Violations" Law. Pursuant to that law the Director of Building Code Enforcement and Land Use Administration is prohibited from issuing any building permits, certificates of completion, letters of compliance, certificates of occupancy (permanent or temporary) or letters indicating that structures were built prior to the enactment of the zoning ordinance or the adoption of one or more of its provisions for any property on which there is an outstanding violation of the New York State Building Codes or the Town Code. Omitted from the list of permits referred to Local Law No. 21-2003 were plumbing permits which are issued by the Director of Building Code Enforcement and Land Use Administration and street opening permits which are issued not by the Director of Building Code Enforcement and Land Use Administration but by the Superintendent of Highways. Also omitted from the statute was an exception to allow the issuance of permits for work to be done to correct violations. This amendment corrects those oversights. Section 2 -Amendment of a section of the Code of the Town of Mamaroneck: The Code of the Town of Mamaroneck hereby is amended by deleting the current section 106-52 and substituting the following in its place: § 106-52. Existing violations preventing the issuance of other permits, certificates or letters. A. When a notice of violation or a summons has been issued with respect to a particular property for a violation of any provision of the New York State Building Codes or the Town Code and such violation has not been corrected, the Director of Building Code Enforcement and Land Use Administration shall not issue (1) any plumbing permits, building permits, certificates of completion, letters of compliance or certificates of occupancy (permanent or temporary) with respect to that property or(2) any letters indicating that the structures (as that term is defined in section 240-4) on that property were constructed prior to either the enactment of the zoning ordinance or the adoption of one or more of its provisions. This section shall not apply when a summons described in the preceding sentence has been dismissed by the Justice Court of the 9 March 17, 2004 Town of Mamaroneck (or in the case of a summons heard by some other Court, the Court that adjudicated that summons). B. When a notice of violation or a summons has been issued with respect to a particular property for a violation of any provision of the New York State Building Codes or the Town Code and such violation has not been corrected, the Superintendent of Highways shall not issue any street opening permits with respect to that property. This section shall not apply when a summons described in the preceding sentence has been dismissed by the Justice Court of the Town of Mamaroneck (or in the case of a summons heard by some other Court, the Court that adjudicated that summons). C. Notwithstanding paragraphs A and B of this section, the Director of Building Code Enforcement and Land Use Administration and the Superintendent of Highways may issue the permits that are required for work to be done to correct a violation of the New York State Building Codes or the Town Code. Section 3 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye AFFAIRS OF THE TOWN 1. Authorization - Fixed Asset Appraisal Services GASB - 34. The Town Administrator explained he had received proposals from three firms to provide the appraisal services which are now being required. The Town received proposals from: Maximus Appraisals, Southhampton, PA - $15, 575 Industrial Appraisal, New York, NY- $20,175 American Appraisal, Pittsburgh, PA - $15,445 He then recommended the Board award the contract to Maximus Appraisal, because, although American Appraisal appears to be lower, it does not include appraisal of land which Maximus' does. It should take approximately 60-90 days to complete the appraisal. He said the items to be appraised are land, buildings, vehicles, infrastructure items such as sidewalks, sewers, drains, and generally everything the Town maintains. On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was 10 March 17, 2004 RESOLVED, that the Town Board does hereby award the contract for appraisal services to Maximus Appraisals of Southhamption, PA at a cost to the Town of$15,575; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contract on behalf of the Town. 2. Resolution - Health Insurance - Town Board Following a discussion regarding who would be affected by this change, it was decided to hold this matter over for further review. 3. Bonding Resolutions -2004 Capital Project Schedule. The Administrator recommended approval of the bond resolutions for eight (8) of the capital projects. The following eight (8) resolutions were then adopted as follows: $125,000 Serial Bond Puchase & Installation of Traffic Signals The following resolution was offered by Councilperson Myers , who moved its adoption, seconded by Councilperson Wiftner , to-wit: BOND RESOLUTION DATED JUNE 2, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS THROUGHOUT AND IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase and installation of traffic signals at various locations throughout and in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $125,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $125,000, and that the plan for the financing thereof is by the issuance of the $125,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. 11 March 17, 2004 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the 12 March 17, 2004 Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $50,000 Serial Bond Purchase of Equipment for Highway The following resolution was offered by Councilperson Myers , who moved its adoption, seconded by Councilperson Seligson , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $50,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF EQUIPMENT FOR THE HIGHWAY DEPARTMENT, IN FOR SAID TOWN. 13 March 17, 2004 WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase of equipment for the Highway Department, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $50,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $50,000, and that the plan for the financing thereof is by the issuance of the $50,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby 14 March 17, 2004 delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in full in The Journal News, the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave 15 March 17, 2004 Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $225,000 Serial Bonds Pay Cost of Additional Highway Garage Reconstruction The following resolution was offered by Councilperson Odierna , who moved its adoption, seconded by Councilperson Seligson , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $225,000 SERIAL BONDS OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF ADDITIONAL HIGHWAY GARAGE RECONSTRUCTION, IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of additional Highway Garage reconstruction, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $225,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $225,000, and that the plan for the financing thereof is by the issuance of the $225,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same 16 March 17, 2004 respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. 17 March 17, 2004 Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $200,000 Serial Bonds Pay Cost of Repair& Replacement of Highway Garage The following resolution was offered by Councilperson Wiftner , who moved its adoption, seconded by Councilperson Myers , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE REPAIR AND REPLACEMENT OF THE HIGHWAY GARAGE, IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the repair and replacement of the Highway Garage, in and for the Town of Mamaroneck, Westchester County, New York, including equipment and incidental expenses in connection therewith, there are hereby authorized to be issued $200,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $200,000, and that the 18 March 17, 2004 plan for the financing thereof is by the issuance of the $200,000 serial bonds of the Town of Mamaroneck,Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined 19 March 17, 2004 by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $350,000 Serial Bonds Reconstuction of Police Headquarters The following resolution was offered by Councilperson Odierna ,who moved its 20 March 17, 2004 adoption, seconded by Councilperson Wiftner , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $350,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF POLICE HEADQUARTERS, IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of Police Headquarters, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $350,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $350,000, and that the plan for the financing thereof is by the issuance of the $350,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. 21 March 17, 2004 Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: 22 March 17, 2004 Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $900,000 Serial Bonds Reconstruction of Various Street, Including Incidental Sidewalk & Right of Way Reconstruction The following resolution was offered by Councilperson Wiftner , who moved its adoption, seconded by Councilperson Seligson , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $900,000 SERIAL BONDS OF THE TOWN OF MAMARONECK,WESTCHESTER COUNTY, NEW YORK, TO PAY PART OF THE ESTIMATED MAXIMUM COST OF THE RECONSTRUCTION OF VARIOUS STREETS, INCLUDING INCIDENTAL SIDEWALK AND RIGHT-OF-WAY RECONSTRUCTION, IN AND FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying part of the cost of the reconstruction of various streets, including incidental sidewalk and right-of-way reconstruction, in and for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $900,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $1,100,000, and that the plan for the financing thereof is by the issuance of the $900,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution, and the receipt of $200,000 monies to be received from a Federal Community Development Block Grant, which monies are hereby appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the 23 March 17, 2004 power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. 24 March 17, 2004 Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News , together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. $200,000 Serial Bonds Purchase Highway Equipment The following resolution was offered by Councilperson Seligson , who moved its adoption, seconded by Councilperson Myers , to-wit: BOND RESOLUTION DATED MARCH 17, 2004. A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF HIGHWAY EQUIPMENT FOR SAID TOWN. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Mamaroneck,Westchester County, New York, as follows: 25 March 17, 2004 Section 1. For the class of objects or purposes of paying the cost of the purchase of highway equipment, each item of which costs in excess of $30,000, for the Town of Mamaroneck, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $200,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is $200,000, and that the plan for the financing thereof is by the issuance of the $200,000 serial bonds of the Town of Mamaroneck, Westchester County, New York, authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Mamaroneck, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Mamaroneck, Westchester County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or 26 March 17, 2004 of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in full in The Journal News, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 35.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wiftner VOTING Ave Supervisor O'Keeffe VOTING Ave The resolution was thereupon declared duly adopted. 27 March 17, 2004 Set Public Hearing - Bond Resolution - Garbage Districts. ------------------------------------------------------x In the Matter of the Increase and Improvement of the ORDER CALLING Facilities of Refuse and Garbage District PUBLIC HEARING No. 1 in the Town of Mamaroneck, Westchester County, New York -------------------------------------------------------x WHEREAS, the Town Board of the Town of Mamaroneck, Westchester County, New York, has caused to be prepared a plan and report, including an estimate of cost, pursuant to Section 202-b of the Town Law, relating to the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, consisting of the purchase of a 2004 Mack 25 yard refuse collection truck, including incidental expenses in connection therewith, at a maximum estimated cost of$160,000; and WHEREAS, it is now desired to call a public hearing on the question of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the manner described above, and to hear all persons interested in the subject thereof, concerning the same, in accordance with the provisions of Section 202-b of the Town Law; NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Mamaroneck,Westchester County, New York, as follows: Section 1. A public hearing will be held at the Town Center, in Mamaroneck, New York, in said Town, on the 31 day of March , 2004, at 8:15 o'clock P.M., Prevailing Time, on the question of increasing and improving the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, in the manner described in the preambles hereof, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of the Notice of Public Hearing hereinafter provided to be published once in The Journal News, the official newspaper of said Town, and also to cause a copy thereof to be posted on the sign board of the Town, such publication and posting to be made not less than ten, nor more than twenty, days before the date designated for the hearing. Section 3. The notice of public hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Mamaroneck, Westchester County, New York, will meet at the Town Center, in Mamaroneck, New York, in said Town, on the 31 of March , 2004, at 8:15 o'clock P.M., Prevailing Time, for the purpose of conducting a public hearing for the specific object or purpose of paying the cost of the increase and improvement of the facilities of Refuse and Garbage District No. 1 in the Town of Mamaroneck, Westchester County, New York, within said Town, consisting of the purchase of a 2004 Mack 25 yard refuse collection truck, including incidental expenses in connection therewith. The maximum estimated cost of the aforesaid increase and improvement 28 March 17, 2004 of the facilities of Refuse and Garbage District No. 1 in said Town is $160,000. At said public hearing said Town Board will hear all persons interested in the subject matter thereof. Section 4. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Councilwoman Seligson VOTING Ave Councilman Odierna VOTING Ave Councilwoman Myers VOTING Ave Councilwoman Wittner VOTING Ave Supervisor O'Keeffe VOTING Ave The Order was there upon declared duly adopted. On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the Bond Resolution for the Garbage District for March 31, 2004; and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted on the Official Town Clerk Bulletin Board. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 1. Set Public Hearing - Boston Post Road Moratorium Exemption. The attorney for the applicant, Paul Bergins explained they want to open an Ebay Consumer Center, where items will be appraised and then sent out to a warehouse till sold. On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby set the date for public hearing on the exemption from the Moratorium Law be scheduled for March 31, 2004; and BE IT FURTHER, 29 March 17, 2004 RESOLVED, that the Town Clerk is hereby authorized to publish the notice of said hearing in a newspaper appointed as an official newspaper, and that said notice be posted. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 2. Tax Warrant -Westchester County/ Town of Mamaroneck property taxes. On motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does approved the collection of taxes as appears below: FRAN PASTE IN TAX WARRANT (B) 30 March 17, 2004 3. Report of Bids - Reconstruction Volunteer Ambulance Corps Building — TA-04-02 Mr. Altieri explained the bids and said since all the bids for electrical work were over what was budgeted, they will be rejected and be sent out for rebid. He then outlined each of the bids as follows: He recommended the Board adopt the lowest responsible bidder for each of the categories. General Construction RZ Construction $421,000 Plumbing Chaim Cohen Plumbing $ 97,000 HVAC Chaim Cohen Plumbing $148,000 Electrical All Bright Electric (to be rejected) $148,000 Total of all bids received $814,000 — ($775,000) Electrical to be rejected There was some discussion on the timing of the construction and whether there should be a basement put in as the cost was negligible, considering it was already over$750,000 in total. Joe Russo, a member of VAC, explained why it was not necessary to add the basement. Following further discussion, on motion of Councilwoman Myers, seconded by Councilman Odierna, it was RESOLVED, that the Town Board does hereby award the bid TA-04-02 to the lowest responsible bidders as follows: General Construction to: RZ Construction $421,000 Plumbing to: Chaim Cohen Plumbing $ 97,000 HVAC to: Chaim Cohen Plumbing $148,000 PLEASE SEE INSERT ON NEXT PAGE For the construction work on the VAC Building; and BE IT FURTHER, RESOLVED, that the Town does hereby reject the bids for the Electrical work for the VAC Building, as all over the estimated cost; and BE IT FURTHER, RESOLVED, that the Town Administrator is authorized to execute said contracts on behalf of the Town. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 31 March 17, 2004 32 March 17, 2004 8. Request to Use Voting Machines - School District A request was received from the School by the Town Clerk for use of 13 voting machines to enable them to hold their school board and budget elections on May 18, 2004. Ms. DiCioccio noted all costs for the election are paid by the school district. On motion of Councilwoman Seligson, seconded by Councilwoman Myers, it was RESOLVED, that the Town Board does hereby approve the use of 13 Voting Machines by the Mamaroneck School district for their May 18, 2004 school elections. The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye 4. Salary Authorization - Recreation On motion of Councilman Odierna, seconded by Councilwoman Wittner, it was RESOLVED, that as provided for in the 2004 Town Budget the Town Board does hereby authorize the payment of salary to the following: Eileen Puleo, Program Aide, Pizza-Bingo, $10 per hour, retroactive to 3/5/04 The above resolution was put to a roll call vote: Seligson - Aye Odierna - Aye Myers - Aye Wittner - Aye O'Keeffe - Aye APPROVAL OF MINUTES - December 17, 2003 On motion of Councilwoman Wittner, seconded by Councilwoman Myers, it was unanimously: RESOLVED, that the Town Board does approve the minutes of December 17, 2003 as amended. 33 March 17, 2004 ORAL COMMUNICATIONS Elizabeth Saenger spoke on the Patriot Act. She said it must be challenged and questioned and urged the Board to pass a resolution challenging it, as have many other communities. She said there has been bi-partisan support of the challenge. Our fundamental rights to freedom and dignity have been usurped under this act, which lets the terrorists win. Supervisor O'Keeffe said she did not feel qualified to know how to react to this yet since she has not studied it yet. Councilman Odierna stated the Human Rights Commission had been studying it and plans on making recommendations Ms. Saenger said the act is almost unreadable; it's over 400 pages, written in haste and fear. Councilwoman Seligson said without reading the act it's difficult to say what is wrong with it. There then ensued a lengthy discussion on the Patriot Act. REPORTS OF THE COUNCIL Councilwoman Seligson reported she had attended the National Estuary Program in Washington, DC. Long Island Sound is a designated estuary. The Clean Water Jobs Coalition spoke about financing to clean up Long Island Sound; funds up to $40 million means a better environment. She went to a Planning Board meeting where they approved Duane Reade and Webster Bank, and they discussed the proposed new development of six houses off Lester Place. Councilman Odierna attended the Mamaroneck Avenue School's International Food Day and had a great time. He went to the Larchmont Senior Art Show at the Oresman Gallery. The PBA sponsored an ice skating family day which he enjoyed. He also attended the Recreation meeting where they discussed tennis training and that there has been a deal cut with PLATES to sell food at the summer concerts. Councilwoman Myers said the second concert at Memorial Park will be presenting an Elvis impersonator and should be fun. She had attended a Summit meeting where Anna Danoy spoke about Section 8 housing and the proposed changes. On Sunday the Youth Council had held a Volley Ball Tournament which was lots of fun. Mamaroneck Schools grant program issued 30 awards; one went to the Sheldrake Center for a joint program with BAR and DARE. Councilwoman Wittner attended the Westchester Officials Meeting in Mt. Vernon. She spoke with other folks from surrounding communities and said it was interesting. ADJOURNMENT Supervisor O'Keeffe announced the next meetings of the Town Board will be held on March 31 and April 21, 2004. She said she and the Board would be closing the meeting in memory of St. Claire Richard, who recently passed away. She was a reporter who covered the Town for years; in fact, we celebrated her 92"d birthday here with a special party. She moved here in 1931, was the first Girl Scout west of the Mississippi, was a direct descendent of Abraham Lincoln, and was an Ambassador of Good Will. 34 March 17, 2004 The second person we wish to remember and adjourn in memory of is Nancy Q. Keefe, Editor of the Mt Vernon paper and columnist for Gannett Newspapers. She grew up in Pittsfield, Mass. She leaves a husband and three children. At one time she donated a flag she had been given to the Town. The flag had flown over the Capital and had been given to her by U.S. Senator Daniel Patrick Moynihan. On her motion the meeting was unanimously adjourned in memory of both St. Claire Richard and Nancy Q. Keefe at 10:45 PM. Submitted by: Patricia A. DiCioccio F:1DocumentslM inutes12004minf103-17-04x.doc 35